Step-by-step creation of the Primary Trade Union Organization

Definition

The association aims to protect the rights of the working class. Bodies are created in one company to protect the rights of employees. Trade union members represent the organization's staff in relations with management. Over time, the role of the organ changed. The adjustment process is influenced by the state of the economy. The powers assigned to trade unions have also changed.

Unions are responsible within the limits:

the conditions in which people work;
control functions over the fair organization of the fund from which payments are calculated;
fulfillment of workers' rights;
participate in the writing of local acts;
give consent to terminate employment relationships with certain employees;
protection of employee rights from discrimination.

Trade unions are entrusted with the function of drawing up a collective agreement at the enterprise. Members of the body participate in the educational process of employees and monitor the implementation of the terms of agreements. The activities of the trade union are based on the internal acts of the company. This indicates that it is regulated by the statutory documentation.

What can a trade union do?

The role of trade unions has historically changed along with the development of market relations. Over the past few years, their broad powers have also changed somewhat: government control and the determining functions of the employer are gradually strengthening again.

Area of responsibility of trade union organizations:

working conditions of employees;
control over the fair formation of the wage fund;
ensuring the fulfillment of the labor rights of workers, including during labor disputes;
participation in the development of regulations affecting the economic interests of workers;
approval of certain layoffs;
protection of workers from labor discrimination on any grounds;
conclusion of collective agreements on personnel representation;
participation in employee education;
control over compliance with the terms of employment contracts.

IMPORTANT! The trade union operates on the basis of internal, not legal relations, that is, it is regulated not by legislative acts, but by the adopted Charter. An exception is made by professional associations of some government bodies, such as military personnel, internal affairs bodies, customs officers, etc.: their activities are controlled by federal legislation.

What role do they play?

To increase the level of remuneration that a person receives for work, union members use several methods:

demand for work increases;
supply is limited.

In the first situation, marketing type tools are used. Sometimes advertising is involved. The quality and productivity of activities need to be improved. Limits are set by shortening the work week. Licensing of certain types of activities is applied or a ban on processing is introduced.

An important activity is taking action. This is necessary to expand the regulatory framework governing labor. Occurs as a result of the formation of a minimum level of earnings. In such a situation, average earnings increase, while the scale of hiring people declines.

What activities does the union perform?

Before creating a trade union in an organization, it is necessary to determine exactly what actions are performed by the members of this association. The main functions of this collegial body include:

conducting negotiations with company management or government organizations;
conclusion of a collective agreement;
control over compliance with the terms of this document by the head of the company;
presenting demands for termination of employment contracts that violate the provisions of the Labor Code or collective agreement;
control over compliance with the Labor Code requirements;
conducting negotiations on the basis of which employee salaries are increased or delays in the payment of various funds are stopped;
conducting collective disputes related to labor activities;
organizing protests or strikes if necessary;
providing advice related to the labor rights of workers;
representing and protecting the interests of trade union members in court or other government agencies;
selection of representatives involved in protecting the interests of the association;
selection of representatives during the investigation of various accidents occurring at work;
organization of cultural, sports or recreational activities among company employees.

Every employee of any organization can become a member of a trade union. This does not require permission from the head of the company or government authorities.

Legislative basis

When employees of an enterprise have decided to join a trade union or create such a body, the employer cannot prohibit doing so. Leaving the union is possible only if the employee has the desire. Employee rights are enshrined in a number of laws. First of all, this is the basic law of the state. Article 30 reflects the freedom of action of public associations and citizens are given the right to organize trade unions.

At the federal level, a law has been adopted that regulates the activities of authorities. The document reflects the basic powers of trade union members.

Labor relations are regulated by Labor Code norms. By issuing the act, the legislator ensured the ability of trade unions to exercise control over compliance with laws and other documents that set out labor rights. It is necessary to take into account conventions of international significance.

Trade union concept

A trade union and a primary trade union organization are associations of company employees. They are formed by direct employees of the enterprise to perform many important actions. Due to the fact that company managers have numerous rights and resources, they often violate the interests of their employees. Trade unions are organized to protect citizens.

Only due to the fact that company employees can put forward any demands together can they really count on achieving certain goals.

Arguments for organization

Some cities have organized a system of partnerships in the social sphere. For example, in the capital there is a law in this area. The trade union is considered as one of the equal parties. When creating collective agreements, the union has equal rights in relation to the management of the enterprise.

The legislator says that unions, first of all, take part in social partnership. Organizations have an interest in the ongoing operation of the enterprise. The union regulates relations in the social and labor spheres.

Charter of the trade union association

The most important thing at the stage of creating documents is the approval of the provisions of the Charter. The document must take into account the current legislation on trade union activities and clearly define the purpose of the trade union, the rights and obligations of members, the procedure for reorganization and disbandment.

When creating a document, you need to make a statement about membership in the organization level. The legislation provides for the possibility of creating:

Primary organization. An association is often created by one employer - an organization or individual entrepreneur. The structure allows you to create branches according to various criteria. The primary organization operates on the basis of the Charter, developed independently or by a higher association.
Organizations in the form of a branch created on a territorial or industry basis. The interregional association is part of the All-Russian Union.
All-Russian association. The Association includes all organizations located in the country.

Primary organization

Initially, it is necessary to explore the concept of such an organization. The law indicates that the formation is voluntary. Unites citizens working in one organization. The organization of a trade union is not affected by the established form of ownership or subordination. The law reflects that persons who took the initiative to create a union are automatically equated to its members. They have certain powers and obligations.

Formation can occur:

in educational institutions;
at enterprises and other organizations.

A minimum of three participants is required to operate. The decision is made by the company's employees and the regional trade union. You need to take into account the opinion of a body working in a certain area.

What is now called a trade union?

People unite in alliances to jointly defend common interests. This also applies to trade unions - a voluntary consolidation of people working in one field (usually at one enterprise) to represent and protect labor rights and ensure the social needs of workers.

From the history of trade unions

Workers' associations began to emerge in opposition to exploitation. The very first such associations arose in England in the mid-18th century, and then became widespread throughout the world. They were called differently in certain regions, but had similar functions and powers:

in England - “trade unions” (Trade-Unions);
in the USA - the Knights of Labor, and then the American Federation of Labor;
in Germany there are several types of workers' associations: Christian, social democratic, etc.;
in France - syndicates;
In Russia, starting from the 19th century, workers' partnerships and unions were created, which during the USSR united into the All-Union Central Council of Trade Unions, the successor of which in the Russian Federation was the FNPR and the Union of Independent Trade Unions.

Regulations on the primary organization of the trade union

This act is considered as the main one for the trade union. It is used to regulate the activities of unions. Statutory documentation can be developed. However, such action is necessary for situations where the organization has completed the registration process with the Ministry of Justice. The provision is required for the continuation of the activities of the created body.

Step-by-step creation of the Primary Trade Union Organization

Trade unions - how are they created?

The first stage will be the creation of a primary trade union organization (that is, a trade union cell located directly at an enterprise or organization); simplified synonyms of this term are simply “primary” or the abbreviation PPO. In accordance with Russian legislation, a primary organization can be established by three people, each over 14 years of age, who wish to become members of an established trade union. Also, among the founders of the “primary organization” there will be a trade union, that is, a legal entity that has issued a verdict on the creation of a specific PPO. The primary trade union organization is created during the first meeting of the founders. But in addition to the actual decision-making on creation, the purpose of such a convocation will be to discuss the candidacy of the chairman of the trade union organization, select the trade union committee and adopt the regulations on the “primary”.

The decision to organize a trade union trade union is transferred to a higher-ranking trade union body (the regional committee of a particular trade union or directly the Federation of Trade Unions of the Amur Region), then it is the turn to confirm this decision for a specific enterprise, transferring it to the service of a trade union. Thus, each “primary” organization receives two main documents: the decision of the founders to create a PPO, plus the decision made by the highest body of the trade union.

As soon as the agreed decision has been made, this “primary” is automatically considered formed. It can already carry out its activities as specified by the Charter, and also receives all the rights provided for. The PPO also accepts obligations determined in accordance with the legislation and the documentation of the trade union.

Step-by-step creation of a primary trade union organization:

Step 1: Finding Supporters

If your goal is the formation of a primary trade union organization at an enterprise, first of all you need to find supporters of creating a “primary” among your colleagues and together outline methods of interaction with the employer, depending on the situation.

Step 2: contact with a large trade union association

An initiative group of like-minded people should begin negotiations with representatives of the all-Russian trade union or association of trade unions at the regional level. It is best to focus on the trade union whose industry your enterprise (institution) belongs to. So, for example, clinic workers should contact the Amur Regional Organization of the Trade Union of Healthcare Workers of the Russian Federation, and power engineers should contact the Amur Regional Committee “Electro Trade Union”. During these negotiations, the issue of the possibility of organizing a “primary” at the enterprise is considered, and the preparation of primary documents for the formation of a PPO begins.

Step 3: campaigning at the enterprise

In order to fulfill the assigned tasks (creation and development of a primary organization, negotiating with the administration, and so on), the initiative group must conduct a series of campaign events. De facto, this means that the employees of this enterprise need to convey information about the goals that the trade union organization sets for itself. Tell them how the parent union you want to become a member of works. Explain to workers what a collective agreement is, how it helps to achieve increased pay, improved working conditions, providing each worker with social guarantees, etc. The essence of the campaign, naturally, may change depending on the current situation at the enterprise and the most problematic aspects of working there. In essence, it is necessary to convey to the team why you decided to turn to the practice of creating a trade union organization.

Step 4: holding a “primary” meeting

It is necessary to find out the employer's position regarding the idea of forming a trade union. Provided that the management is clearly against the union of workers, it is better to prepare for the “primary” meeting without much publicity. Please note that the employer does not need to know the time and date on which this meeting is scheduled. Remember: the meeting can be held both on and off site.

If the owner of an enterprise is loyal to the formation of a trade union and is ready to build partnerships with the trade union, there is no need to hide information from him. In this case, the process of forming a primary group for the initiative group is greatly simplified.

After clarifying the details of organizing a trade union meeting (it is best to use specialized trade union literature, or the help of specialists from a higher trade union organization) and developing an agenda for the future meeting, you can notify all workers who are in favor of joining the trade union about the date and time of its holding. At the meeting itself, the above-mentioned decision is made, an organization committee, an audit body, etc. are formed.

What errors need to be taken into account at this step:

Most of those who came to the meeting will receive the documents collected by the founders for the first time. The same applies to candidates nominated for the posts of chairman and other heads of the PPO. It must be taken into account that participants can draw hasty conclusions and transfer the entire burden of finalizing the papers to the founders. To eliminate such a moment (and this must be done, because the organization will not be formed without the appropriate documents), it is worth distributing draft documents before the start of the meeting. And at the meeting together, by vote, accept them in the form in which they exist, or make the necessary amendments to them.

If a meeting is scheduled during working hours without the consent of the owner of the enterprise, this is fraught with the possibility of the employer making a demand for a ban on holding the meeting, or disciplinary sanctions against the employees of the enterprise participating in the meeting. However, if the employer was notified of the event in advance and expressed its consent, or the event will take place outside working hours and not on the territory of the enterprise, there should be no obstacles. Let us remind you once again that a meeting of participants to create a primary trade union organization does not have to be held on the territory of a specific enterprise.

Read more: In a limited liability company, a

The desire of the founders to attract as many participants as possible to the meeting may delay the start of the event. In addition, the gathering of many people can harm the meeting in the sense that it will be difficult to achieve organized decision-making.

During this period, employers often put forward the following arguments justifying their position against the organization of professional training:

— The trade union organization does not have a higher governing body, which means the competence of the “primary” is in doubt.

To put forward a counter-argument, it is enough to attract to participation in the meeting members of trade unions located in your territory, those organizations that you intend to join. And then at the founding meeting there will be a conversation about joining the ranks of this trade union.

— We are a state, closed, private or other enterprise, which means that the functioning of a trade union is not possible!

To this we can answer that, according to existing legislation, the activities of trade unions cannot be regulated by the form of ownership of the enterprise, its organizational and legal form. A trade union is an organization independent of both the employer and the state.

The meeting will have to decide on the need to form a legal entity. Or about the possibility of action without this procedure. If the meeting participants are in favor of obtaining the rights of a legal entity, the meeting must appoint a person responsible for carrying out registration. Traditionally, these responsibilities are entrusted to the chairman of the educated primary.

It is worth knowing that the primary trade union organization does not require mandatory state registration. This suggests that registration is just a right, not a necessity. In addition, registration takes place on a notification basis. If you wish, you can refuse to register as a legal entity. At the same time, there will be no obstacles to functioning as a public organization.

What are the advantages of registering a “primary” entity as a legal entity? The PPO will be able to officially enter into agreements, maintain its own bank account, own and manage its own property on the organization’s balance sheet. Such privileges make the status of a legal entity attractive for the primary trade union organization. That is, the PPO will be able to easily solve its business affairs. And the status is needed more for this than for protecting the rights of workers and representation in court.

Step 5

Each participant in the PPO meeting must draw up and submit an application to join the trade union. Also, members of the primary organization must attach statements stating that they do not object to the collection of mandatory contributions from them for each trade union member (for Russian trade unions, the most common contribution amount is 1% of wages). The admission of members to the trade union is entrusted to the “primary”; this is stipulated in the charter of each sectoral trade union. Membership fees will be charged in accordance with the charter of a particular trade union. In accordance with the Trade Union Law, the employer is obliged to transfer trade union dues to the primary trade union organization free of charge.

If you still find it difficult to form a trade union organization, you feel that you will not be able to understand all the legal aspects yourself, or you are afraid that after the PPO your employer may begin to put pressure on you and your colleagues, you may need help.

“You need to know and be able to protect your labor rights!”

Registration

When they decide to create a legal entity, it is necessary to prepare documentation, which is subsequently sent to the Ministry of Justice. It includes:

an application in the form of a questionnaire;
provision designed for union;
a protocol reflecting the meeting’s decision on the need for registration;
data from acts by which the identity of the founders is verified;
letters of guarantee that confirm the address of the union.

The application is drawn up in two copies, one of which subsequently goes through the registration process at a notary's office. The letter must go through a similar process. The time frame during which the created body is registered is taken into account. They make up a month. The countdown begins from the moment of organization. All papers are sent to the Ministry of Justice. They cannot refuse acceptance.

Step-by-step instructions for creating a trade union in an organization

The initiator of this process can be any employee or a group of hired specialists. Additionally, the city trade union organization may insist on this. If it is the employees who are the initiators, then how to create a trade union in the organization? To do this, perform the following steps:

demonstrated initiative on the part of at least three employees of the enterprise constituting an active group, on the basis of which a primary trade union cell is formed;
the created group must contact the industry trade union, with whose leadership negotiations are being held, since permission from such a large association is required for further work;
information about the creation of this collegial body in the company is distributed among other employees, for which special leaflets are used containing information about the goals and objectives of the functioning of this association;
the first meeting is held, and the employer cannot prohibit its holding, but it is important to notify the head of the company about the place and time of the event;
a committee and control bodies are elected at the meeting;
all interested parties attending this event are familiarized with a pre-compiled program;
the charter of the organization is approved, and a decision is made whether it will be registered as a legal entity in order to acquire numerous rights;
all participants are offered the opportunity to join a new association, for which they must write a corresponding application;
all new members must pay an initial membership fee, the amount of which is usually equal to 1% of the citizens’ earnings in the company.

If the company’s employees do not know how to organize a trade union in an organization step by step, then they can turn to the Federation of Trade Unions for help.

If management is against

The law prohibits enterprise management from interfering in the activities of trade unions. This suggests that any attempt to actively participate in the processes conducted by unions, or an obstacle to joining them, should be considered a violation of rights.

When pressure from management begins, there is no need to wait and remain silent; such behavior will only be a plus for the other side of the conflict. You need to communicate with colleagues, hold meetings and discuss the current situation. The meeting is held in a place convenient for all members of the union. This may be the territory of the enterprise or a neutral place.

Violations committed are reflected in writing. If management has adopted an illegal order, you must demand the issuance of this document. Members of the organization can independently collect evidence that illegal actions have been committed against them. It is recommended to record the order of actions performed.

For example, when, after the creation of a union, fines and other negative measures from management began to rain down on a person. However, these measures must be unjustified. Deserved punishment will not be taken into account.

You will need to appeal the acts adopted by the organization. It is necessary to contact higher trade unions. You need to save all documents received from management. The same rule applies to documentation that is sent to the manager.

INDEPENDENT TRADE UNION OF MINERS (NPG)

Are you tired of low pay, constantly changing schedules, dangerous working conditions, reductions in your benefits and compensation, or constant humiliation from your bosses? Have you decided that you need to protect your rights at your workplace?

A legal way to change the situation for the better is a trade union.

It may happen that your company already has some kind of trade union. At the same time, you see that this trade union is engaged in anything but protecting the rights of workers, and the conclusion of a collective agreement takes place behind closed doors, without discussion with the team, while the terms of the collective agreement only duplicate the norms of the Labor Code.

This means that at your enterprise there is (and does not operate) a primary trade union organization of any industry trade union - the trade union of coal industry workers Rosugleprof (PRUP), the mining and metallurgical trade union (GMPR), workers of the natural resource complex, the trade union of chemical industry workers or others - old, bureaucratized trade union structures, still remaining in a past life.

In those past times, we lived in a different, planned economic system, and the tasks of the trade unions were different. However, times have changed. Enterprises have long been privatized and became private. The economy has become a market economy, and in a market economy, owners are only interested in profit. The state has actually abandoned the regulation of labor relations - the amount of wages and other working conditions are determined by the owner of the enterprise. And the old trade unions have so far remained, unfortunately, appendages of the director or the state - one of the top managers even gave a report about such “trade unions” at one of the seminars: “The trade union as a way to manage the team.”

And this may not be their fault, but it is a disaster for the majority of workers.

You, of course, can try to change the work of the trade union organization existing at the enterprise. Get elected to the trade union committee or chairman and start acting. However, usually workers are driven into such a union by foremen and bosses. And the overwhelming majority of trade union committee chairmen (and the trade union committee itself) are not elected by employees, but are actually appointed by the director. Chairmen of territorial committees or leaders of such trade unions are usually “elected” (appointed) “in agreement” with large owners and bureaucrats in power. Therefore, the real chances of changing anything in the existence of such trade unions are minimal - this system has eaten up a lot of decent and honest people. However, we are not going to dissuade you if you choose this way of protecting your rights and interests - “Everyone chooses for himself - a woman, a religion, a road...”.

If you don’t have a trade union at your enterprise at all, or have you come to the conclusion that the existing trade union at the enterprise (which is forced into by the management, and the trade union committee is “elected” by the director) does not suit you?

If YOU HAVE A REAL DESIRE TO CHANGE YOUR LIFE, so that your (your fellow workers) rights and interests are respected and taken into account by the administration of the enterprise?

THEN READ MORE...

The only effective way to do this is to unite and create a primary trade union organization.

But how to do this correctly, without exposing yourself and others?

How to make your organization effective in order to achieve its goals?

How to create a trade union at an enterprise?

If you decide to unite and create a trade union organization, then think about which of your workmates could form your team (company) in this noble, but not easy, task.

Immediately exclude from this list colleagues who are involved in any informal contacts with the administration or are highly dependent on it - they will definitely be “knocked” (although a trade union, in principle, would not hurt them either). Ignore the talkative ones for now - you know, “a chatterbox is a godsend for a spy.”

Take into your team only those in whom you are personally confident, with whom you have worked for many years or are connected by some more or less strong ties. It is enough if there are at least two people besides you. More will be better. But at this stage, don’t get carried away with numbers. Keep those in whom you are not completely confident in reserve. Tell the “trusted personnel” about your plans, describe the benefits and possible difficulties of being a member of the trade union - in such a matter you cannot deceive your comrades

At this stage, adhere to the rule: do not stick your head out of the trench until the process of creating a trade union organization is completed. “Filter the market” so that information about your intention to engage in trade union activities does not immediately become available to the general public, and especially to the administration.

Workers who decide to create a trade union need to understand that the concepts of trade union and primary trade union organization are not identical. The definition of these concepts is given in Art. 2 and 3 of the Federal Law “On trade unions, their rights and guarantees of activity.”

The main difference is that the primary trade union organization unites trade union members who, as a rule, work in the same organization. And the concept of “trade union” covers all types of employee organizations - a trade union can be in the form of: a primary trade union organization, a territorial trade union, an interregional trade union, an all-Russian trade union, etc.

At the same time, it is necessary to understand that the main part of the rights and powers of the trade union to protect the interests of the enterprise’s employees , guaranteed by law (the Labor Code of the Russian Federation), is assigned to the primary trade union organization. Therefore, it is more expedient, at the enterprise, to create a primary trade union organization.

Establishment of a primary trade union organization.

To create a trade union you only need three people. It would be desirable, of course, to involve more people in this, but at this stage you can’t get carried away with numbers - it’s more important to have a strong backbone that can withstand possible pressure. And of course, study the Charter of the Independent Trade Union of Miners (IPM) () and the IPG Activity Program ()

Next, you need to hold a meeting and establish a primary trade union organization: the NPG Charter is adopted, the governing bodies are elected - it is imperative to draw up a protocol, which all participants in the meeting must sign.

At the meeting it is necessary to elect a Council of Representatives, an executive committee (trade union committee), a chairman and deputies of the organization. The size of the executive committee (trade committee) may vary depending on the circumstances and size of the organization. It usually consists of 3-5 members, unless the organization is very large. If the executive committee (trade union committee) is much smaller, its performance will decrease and communication with trade union members will become more difficult.

Please note that the Independent Trade Union of Miners (ITU) has dual control on the part of workers (trade union members) over the work of the elected chairman, deputies and executive committee (trade committee) - the general meeting (conference) and the Council of Representatives. Therefore, it is necessary to elect (form) a Council of Representatives - from people who enjoy the trust of their fellow workers - preferably 1-2 from a site, workshop or other structural unit. If it is not yet possible to cover all structural units - no problem - the provisions of the Charter allow you to subsequently delegate to the Council representatives from those areas (shops, etc.) where trade union members will appear.

It is IMPORTANT that decent people who are not influenced by their superiors are elected to the elected trade union bodies (by trade union activists).

Please note that all participants in the founding meeting must write an application to join the trade union (NPG of Russia).

A sample application for membership in the NPG, a sample protocol of the constituent meeting, can be downloaded from the links below:

1. SAMPLE APPLICATION FOR JOINING THE NPG

2. SAMPLE MINUTES OF THE FOUNDING MEETING OF PPO NPG

The constituent meeting can be held both at the enterprise and outside it. If you are afraid of a negative reaction from management, it is better to gather on neutral territory.

It is IMPORTANT to decide on the system for paying union dues.

Trade union activities require certain expenses. The production of printed materials, payment for the services of lawyers and specialists, the maintenance of premises, and the payment of exempt workers allow the trade union to conduct its activities independently of anyone other than its members. For such expenses, each NPG member transfers a certain amount of his income monthly.

The monthly membership fee to the NPG is set at no less than 1% (one percent) of the monthly salary. At least 15% of this money goes to finance general trade union activities. If there is a territorial NPG organization operating in the region, then a certain percentage of contributions will also need to be transferred to finance its activities. The remaining part of the contributions remains in the primary organization (primary trade union organization - PPO) and is spent on its current activities.

Transfers of membership fees (from trade union members) are made to the current account of the primary trade union organization (if it has decided to register with the justice authorities as a legal entity) or to the account of the territorial organization of the NPG or another account (if the primary trade union organization will not register with the justice authorities). It is important to note that a trade union can carry out trade union activities without forming a legal entity; in this case, it cannot have a bank account or be a plaintiff (defendant) in court, but it fully carries out ordinary trade union activities, that is, it exercises the right to a collective agreement, consideration of opinion and other rights.

In many trade union organizations, contributions are transferred (collected) through the enterprise's accounting department. At the same time, each trade union member writes a personal application to withhold union dues, with reference to Art. 377 Labor Code of the Russian Federation. This system of collecting dues through the enterprise's accounting department seems to help the trade union activist - he does not have to monthly remind each member of the trade union about the need to pay dues, and they have time to work on representing and protecting the interests of workers. However, it gives the enterprise administration power over the primary bodies (trade union committees) - it can easily “punish” them without transferring contributions or significantly delaying this process. And, more importantly, it gives enterprise management power over the union and union members - management knows by name who is a union member and can put pressure on each union member individually at any time. Considering the negative attitude of directors towards trade unions, as well as the desire of the majority of enterprise owners to prevent the creation of workers' organizations independent of them, the system of collecting contributions through the enterprise's accounting department does not facilitate the activity, but most likely hinders the activity and development of the trade union.

At the same time, with the current development of the banking and financial systems, it is quite possible to organize a system for paying dues through ATMs and terminals by trade union members independently.

To do this, it is necessary to conclude an agreement with Sberbank (or another bank), while the financial costs of servicing such a service are insignificant.

Of course, in this case it is necessary to organize the work of the trade union activists so that every month the trade union organizer reminds each trade union member of his membership in the organization and asks him to confirm this membership by voluntary payment of membership dues and also to organize the accounting of payment of dues.

When introducing a system for paying dues through ATMs and terminals, not only the administration of enterprises loses power over the trade union and trade union members, but trade union members have a powerful mechanism of trade union self-identification (each person’s personal feeling of belonging to the organization), but also the elementary norms of trade union democracy - trade union The activist regularly meets with workers (at such meetings there is usually a conversation not only about contributions).

Of course, the right to choose which system for collecting trade union dues to choose remains with the meeting of the primary trade union organization - it is important that everyone understands and is aware of the pros and cons of each.

Remember the following:

1.Never act alone.

Make an agreement with your workmates. The more of you there are from the very beginning, the better. Be sure that you can count on each other. Even a small group can achieve success and then grow if it remains united. But the efforts of one leader are clearly not enough for success!

Having secured the support of your colleagues, contact the city or regional NPG organization of Russia or the central office. This is necessary not only for the official registration of the trade union, but also because it will allow you to get help and establish contacts with other organizations - the strength of the trade union is in the broad association and solidarity of workers.

2. You are not obliged to inform your employer about the creation, composition and size of your trade union organization, as well as about its plans.

Inform him only when the trade union has already been created, the relevant documents have been drawn up, and you are ready to start work, i.e. whenever you need it. This will provide you with legal protection of your trade union rights from harassment and reprisals. Do not allow rumors about plans to create a trade union to spread widely!

3. Your rights

Your rights to join a trade union are enshrined in the Constitution of the Russian Federation (Article 30.1 - “Everyone has the right to associate, including the right to create trade unions to protect their interests”) and numerous laws and international conventions in force in Russia.

The Labor Code and the “Law on Trade Unions, Their Rights and Guarantees of Activities” describe the rights of trade union organizations in Russia. They should become your reference books!

The first steps of a trade union organization

Since your union was created against the backdrop of certain problems - low wages, constantly changing schedules, dangerous working conditions, reduction in your benefits and compensation, constant humiliation from management or other problems - accordingly, it is designed to solve these problems.

However, you need to decide where to start.

Don't grab everything at once!

1. To start, choose one or two problems, no more!

Which problem you put at the forefront depends on the situation and will be determined by the general opinion of the trade union activists (the Council of Representatives and the Executive Committee).

It is important that you are well prepared to deal with any problem.

You must have a clear idea of what it is, how you want to solve it, whether there is a common opinion among you on this matter, and whether your workmates will be ready to actively support your demands.

Some organizations decide to immediately raise the most pressing issues with their superiors - this can be done when there is truly unity and a willingness to act in the team - assess the readiness of the team to take decisive action to protect their rights and enter into a sharp conflict with their superiors.

If your organization is still small, “the people have not matured,” and tension and dissatisfaction in the team manifests itself only in the form of conversations in the smoking room, think about whether it is worth getting involved in an acute conflict right away. You may choose a strategy of small steps - first, for example, to seek the elimination of obvious violations of the law - this will also not be easy to achieve, but in this case the law will be on your side, and this will strengthen your position. Successes will prove to doubters the benefits of the trade union.

2. Organize your working conditions.

Be prepared for the fact that negotiations with the administration will bring a lot of paperwork. Therefore, it is important that you are provided with the conditions for this! Ask the administration about the provision of premises. The trade union organization has the right to provide premises and office equipment (Article 377 of the Labor Code).

Insist that management take into account the views of the union in cases provided for by law - for example, scheduling, layoffs or dismissals of union members, and the adoption of local regulations relating to labor relations. Remember that the trade union has the right to receive information about the socio-economic situation at the enterprise and all issues relating to working conditions.

3. Grow!

Any trade union organization should try to involve as many members as possible in the trade union - its strength and influence on the employer primarily depends on this.

If you have already informed management about the existence of your organization, you have the right to post information about your activities in a place accessible to employees (Article TC 377). Share this information as quickly as possible. Actively tell your colleagues about the goals of the organization, learn about their problems and suggest how they can be solved together with the union. Wherein:

Take people's concerns and fears seriously. Explain how you can protect yourself from pressure.

Don't promise to achieve success that you are not sure of. Unsubstantiation will only undermine trust in the trade union organization.

Remind your colleagues that union membership does not mean that others will solve their problems, but that it is up to them to determine how much and what can be achieved.

4. Communicate, keep in touch

It is very important that both members and non-union members are aware of the activities of the organization.

While the organization is small, it is possible to communicate informally, but you should try to convey information completely and clearly to prevent rumors.

Try to immediately establish regular meetings or meetings where possible.

In large organizations, the problem of informing workers can be solved either by creating active local organizations, or through division of responsibility, determining who in the Executive Committee (trade committee) and the Council of Representatives will be responsible for information work, and in which division.

It is very important to produce information sheets. Printed information is usually more accurate and will reach people you may not be able to talk to in person.

Be sure to talk about your successes, even if they seem insignificant to you! Moscow, too, was not built right away. First, they convince people that union membership is worthwhile. Secondly, they can serve as an example of how to act to achieve the next goal.

What to do if the administration is against the creation of a trade union?

Unfortunately, not all employers are ready to respect our rights to create a trade union and protect our interests. Where management is not yet accustomed to the idea of coexistence with a trade union, and trade union activists are still inexperienced, persecution by management can pose a serious threat. Persecution can be both overt and hidden.

Often the administration tries to identify trade union activists and persecute them one by one. To create a split in the ranks of workers, various kinds of rumors are spread about them; they may be accused of corruption, dishonest work, etc.

Here we will not be able to give a complete list of all possible types of counteraction to such pressure, only a number of brief tips.

Remember:

1. The administration has no right to interfere in trade union activities!

Any attempt to prohibit or discourage people from joining a trade union or taking an active part in its legitimate activities is unconstitutional and illegal!

2. Don't stop communicating!

When the pressure begins, you should not take a wait-and-see attitude or go into the shadows - this will play into the hands of the administration, which is trying to divide you and deal with you one by one. Try to contact your colleagues as quickly as possible, call a meeting and discuss your overall response. Depending on the situation, the meeting can take place at or outside the enterprise, at someone’s home, in a nearby cafe, in the office of a higher trade union, in a school in the neighborhood...

Act together! Always remember - not everyone will be fired, not everyone will be punished. Your strength is in unity!

3. Record all violations of your rights in writing!

Ask for written confirmation of illegal orders. Compile your own evidence of who, when and how interfered with trade union activities or threatened you with negative consequences of your membership or activity in the trade union. Fix the order if, immediately after the creation of the trade union, unjustified reprimands and fines rained down on you, if immediately after you joined the trade union, you turned from a good worker into a bad one in the eyes of management.

Appeal such facts to the administration, and if it does not correct them, notify the labor inspectorate and higher trade union bodies.

Keep copies of all documents, both received from the administration and sent by you, with a stamp registering receipt! This applies to official correspondence, pay slips, employment contracts, and other materials!

4. Don't let people be divided!

The most common tactic of employers is to put pressure on each union member individually. For this, they usually choose either the most vulnerable or the most active. Talk to union members in advance about how to behave if they are called into the office one by one and asked to get a promotion and leave the union or quit outright. Try to avoid such situations. You have the right to interrupt the conversation if the leaders start talking about your trade union activities, or to call your representative, for example, the chairman of the primary organization or a member of the trade union committee. Look out for each other, if one of you is called on the carpet, think about how you can help him. Sometimes even a cell phone call or a “casual” visit with a minor question to the manager’s office where the conversation is taking place can be helpful.

If they called one, they will most likely call others. Try to stop this right away. It is best for everyone to come to this manager together and explain to him that his actions are illegal and that you are ready to appeal them together. Again, record (in writing, audio and video) all such conversations and attempts at intimidation. Your strength is in unity!

5. Don’t believe the rumors spread by the administration!

Another way to fight a union is to quarrel its members among themselves by spreading rumors. For example, the chairman wants to solve only his own problems. Or that he is mentally unstable or a drunkard, and therefore such a troublemaker. Or that “it has already been purchased.” Or that everyone else has already left the union, only, they say, “You’re the only one so stubborn.”

Don't believe the administration's words! Verify all information received from them with colleagues. If rumors are being spread about you, think about how to convey the truth to people - either verbally or in writing.

6. Don’t offend your colleagues!

Don't stand by if you see your fellow workers being pressured. Remember, you could be chosen as a victim. A person who has come under attack for your joint cause needs your support!

You can come together to management and express your protest, collect signatures for a joint statement in defense of colleagues, come up with other actions of solidarity and take part in them, witness the incorrect behavior of your superiors, and much more. The main thing is to make it clear that no one is alone in this conflict!

7. Do not sign documents against yourself!

Any administration tries to avoid evidence that it is persecuting workers because of their union membership. Therefore, people are persuaded to sign a “voluntary” resignation from the union, quit “of their own free will” or “by agreement of the parties,” admit to dishonest work or other actions.

Don't sign documents against yourself! If you are fired due to trade union activities, you can be reinstated in court through the courts and receive compensation for forced absence from work. If you leave of your own free will, then it will be much more difficult to prove later that you were persecuted. If you are forced to sign that you have read the document, then always indicate which part of its content you do not agree with!

8. Mobilize solidarity outside the mine, mine, factory!

Violation of trade union rights is the concern of the entire trade union movement. An attack against one union is an attack against all. And the administration will do everything to ensure that these events remain within the framework of your enterprise. Mobilize support from higher trade union organizations and colleagues from other enterprises. If, for example, representatives of other trade unions start calling your administration and inquiring about the progress of the conflict, then management will understand that they are under supervision.

9. Inform the public and supervisory authorities about violations!

In a serious situation, you can involve the media and supervisory authorities.

The media is a powerful weapon, especially if the owners of your company value their reputation, since both the level of sales and the value of its shares depend on the company’s image. However, communication with the press has its own characteristics - you need to imagine exactly what you want to talk to them about, and what reaction might follow. The basic rules for writing messages for the media are set out in the manual. Please consult with experienced trade union colleagues before taking such a step!

10. Don’t wage personal wars!

Very often, one of the middle managers plays the role of a “watchdog”. Perhaps he just has an evil character. However, most often this happens with the approval or instructions of higher management. Do not let yourself be drawn into a personal war with this or that boss. He must do his job without violating your rights. If he does not fulfill this responsibility, then his management should look into it. This is what we need to put pressure on - the management of the enterprise is responsible for observing trade union rights!

11. Don’t give in to provocations!

They may try to provoke you into illegal actions or disrespectful behavior, and then use repression on this basis. There were cases when they tried to incite a trade union leader into a fight, strongly insulting him - under the supervision of a surveillance video camera, which records the image, but not the sound. Weigh your reactions!

12. Don't stop solving your problems!

Harassment by the administration can sometimes take up all your attention, energy and time. But always remember that you must solve specific problems and fair questions. Return to them, try to reduce conversations to resolving these issues. An organization dedicated solely to self-defense will not be able to achieve the real improvement for which it was created!

You can obtain more detailed information and advice on creating a primary trade union from the city or regional organization of the NPG of Russia or the central office.

Strike

The formation of unions may occur for the purpose of carrying out a strike. This measure is considered as an extreme stage of negotiations, when management ignores the demands of employees. The procedure is associated with employee absence from work. This behavior continues until management fulfills the stated requirements. In addition, the director can negotiate with employees. The possibility of strikes is reflected in labor law. They are carried out in the following situations:

non-payment of earnings;
failure to provide rest time;
increasing the working day;
other reasons.

Purpose of the trade union

The new trade union in the organization will help solve many important problems for all employees of the company. Most often, members of this association deal with the following important issues:

financial assistance is provided to employees who find themselves in difficult life situations;
vouchers to different sanatoriums are issued and distributed among employees of the same company;
various cultural events are organized;
the labor rights and interests of citizens are protected, so they can be sure that they will never face long delays in wages, suspension of the enterprise, illegal dismissals or other similar actions on the part of the company administration.

It is the trade union that is a legally functioning association representing the interests of hired specialists. For this purpose, special agreements are drawn up between the organization and the trade union. They are called a collective labor agreement.

✅ Why does an employer need a trade union?

Many employers are interested in having unions and support their activities because of the benefits they can receive. First of all, these are tax benefits and optimization of the payment of insurance premiums.

The fact is that, depending on the decision of trade union members, a trade union can function both with and without registration of a legal entity. If a trade union is registered as a legal entity, then it has access to all the rights of non-profit organizations.

In the case of state registration, a trade union is allowed to acquire ownership of property and freely dispose of it, have a current account, conduct business activities to achieve statutory goals, etc. This is regulated by Federal Law-7 “On Non-Profit Organizations” dated January 12, 1996, Federal Law-10 “On trade unions, their rights and guarantees of activity” dated January 12, 1996, Art. 123.1 and Art. 123.4 of the Civil Code of the Russian Federation. This means that the employer will have more opportunities to use tax preferences.

The most important benefit for an employer when creating a trade union is the opportunity to optimize the payment of insurance premiums. Insurance premiums are not charged on amounts paid by trade unions. There is also no double taxation for personal income tax - tax is not assessed on trade union payments, including financial assistance provided to employees, but only if the source of funds is membership dues.

Trade unions are allowed to transfer most of the property for free use - for example, recreation centers, sports centers and other facilities necessary for the recreation of workers, carrying out cultural or recreational work among them.

If the enterprise has a trade union that has not undergone state registration, then the employer can also benefit from this. For example, trade union earmarked income is not subject to income taxes. And since the trade union does not have state registration, then there is no income subject to any tax.

If a trade union is registered as a non-profit organization, then targeted revenues for the conduct of statutory activities and for the maintenance of the trade union organization are not subject to income tax or tax under the simplified tax system. This is especially beneficial if the employer has delegated the organization of socio-cultural and other events provided for by the statutory activities to the jurisdiction of the trade union. The proceeds made for the organization of such events are targeted.

In addition to the above, an employer can receive other benefits from a trade union:

The trade union can help the employer quickly obtain a Certificate of Confidence, thereby freeing him from inspections by the State Labor Inspectorate.
The trade union can help the employer in resolving social, labor and personal issues of employees.
The trade union can provide assistance to the employer in disputes related to labor discipline, labor protection or compliance with labor laws.
A trade union can help instill team spirit among employees, help ensure labor discipline, and increase loyalty to the company.

Disadvantages of a union for an employer

But, in addition to the advantages of having a trade union, there are also very significant disadvantages for the employer:

Any decision related to labor legislation (changes in wages, working conditions, etc.) must be agreed upon with the trade union. In some cases, this may lead to workers trying to use trade union organization as a way to put pressure on the employer.
The employer must provide the union free of charge with meeting space and storage space for documentation, office equipment, and communications equipment.
The activities of a trade union can be terminated or suspended only in case of violation of the legislation of the Russian Federation, by decision of the prosecutor's office or court.

Employment contract for hourly pay. When is it beneficial for the employer, and when is it for the employee?

Read

Partial work week. Is switching to a four-day week beneficial?

More details

Should I worry if an employee has a gray salary?

To know